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Individuals convicted of certain drug-related misdemeanor and felony offenses in New York can ask the court to have the records of those crimes sealed under certain circumstances. Those who wish to have their records sealed must satisfy three criteria:
- Successfully complete a Judicial Diversion Program, DTAP (Drug Treatment Alternative to Treatment Program), or a similar substance abuse treatment program recognized by the court.
- Complete any related sentencing upon completion of treatment.
- Not be facing any other pending charges.
Conditional Sealing of Drug Offenses
Felonies and misdemeanors are conditionally sealed. This means when a person is arrested again for an unrelated misdemeanor or felony, the cases are unsealed. If the person is found not guilty of the new charges or the case is dismissed, the old convictions will be resealed. Any related fingerprints and palm prints, booking photos, and DNA samples will not be destroyed.
New York Drug Offenses That Can Be Sealed
The following drug-related offenses are eligible to be sealed in New York State:
| Criminal injection of a narcotic drug | Criminal sale of a controlled substance in the second degree |
| Criminal possession of a controlled substance in the fifth degree | Criminal sale of a controlled substance in the third degree |
| Criminal possession of a controlled substance in the first degree | Criminal sale of a controlled substance to a child |
| Criminal possession of a controlled substance in the fourth degree | Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist |
| Criminal possession of a controlled substance in the second degree | Criminal sale of marijuana in the fifth degree |
| Criminal possession of a controlled substance in the seventh degree | Criminal sale of marijuana in the first degree |
| Criminal possession of a controlled substance in the third degree | Criminal sale of marijuana in the fourth degree |
| Criminal possession of a controlled substance; presumption. | Criminal sale of marijuana in the second degree |
| Criminal possession of marijuana in the first degree | Criminal sale of marijuana in the third degree |
| Criminal possession of marijuana in the fourth degree | Criminally possessing a hypodermic instrument |
| Criminal possession of marijuana in the second degree | Criminally using drug paraphernalia in the first degree |
| Criminal possession of marijuana in the third degree | Criminally using drug paraphernalia in the second degree |
| Criminal possession of marijuana the fifth degree | Operating as a major trafficker |
| Criminal possession of methamphetamine manufacturing material in first degree | Unlawful disposal of methamphetamine laboratory material |
| Criminal possession of methamphetamine manufacturing material in second degree | Unlawful manufacture of methamphetamine in the first degree |
| Criminal possession of precursors of controlled substances | Unlawful manufacture of methamphetamine in the second degree |
| Criminal possession of precursors of methamphetamine | Unlawful manufacture of methamphetamine in the third degree |
| Criminal sale of a controlled substance in or near school grounds | Unlawful possession of marijuana. Criminal Violation) |
| Criminal sale of a controlled substance in the fifth degree | Use of a child to commit a controlled substance offense |
| Criminal sale of a controlled substance in the first degree | Witness or victim of drug or alcohol overdose. |
| Criminal sale of a controlled substance in the fourth degree |
In addition, individuals can ask judges to seal any of the following crimes if they were committed because of substance abuse:
- Burglary in the third degree
- Criminal mischief in the third degree
- Criminal mischief in the second degree
- Grand larceny in the fourth degree
- Grand larceny in the third degree (except when the property consists of firearms, rifles or shotguns)
- Unauthorized use of a vehicle in the second degree
- Criminal possession of stolen property in the fourth degree
- Criminal possession of stolen property in the third degree (except when the property consists of one or more firearms, rifles or shotguns)
- Forgery in the second degree
- Criminal possession of a forged instrument in the second degree
- Unlawfully using slugs in the first degree
- An attempt to commit any of the offenses listed above
What Does Sealing a Drug Offense Do?
By getting one’s drug offenses sealed, a person can legally deny that the conviction happened. That means one is no longer required to disclose the offense on applications for housing, jobs, financial aid, and more. Read more about sealing records in New York.
Hiring an Attorney to Get Drug Offenses Sealed
While it is possible for a person to complete the application on their own and obtain an order to have his/her drug offenses sealed, it is not recommended. An experienced attorney will know how best to present one’s case in the application and what supporting documents will be required to illustrate that a person deserves to have his/her record sealed. In addition, should the judge order a hearing and/or the DA object, having an attorney by one’s side is critical. An attorney familiar with the record sealing process will know what kind of rebuttal the DA is likely to give and how best to counter it. In addition, the attorney can prepare the client in anticipation of any questions the judge or DA might ask. In short, hiring an attorney significantly increases the odds that a person will successfully convince the judge to seal his/her drug-related criminal records.
If you or someone you love has been convicted of a drug offense in New York or New Jersey and wishes to have the record sealed or expunged, contact the Rosenblum Law. Our attorneys have helped many people put their mistakes behind them and get their life back together after a conviction. Email Rosenblum Law or call 888-815-3649 today for a free consultation about your case.
Last updated: Feb 13, 2019
